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The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

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Companies Act 2006

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29.—(1) The Companies Act 2006(1) is amended as follows.

(2) In section 102(5) (re-registration of private limited company as unlimited)—

(a)for paragraph (a) substitute—

(a)a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016 of the estate of a member of the company;; and

(b)in paragraph (b), for “1985” substitute “2016”.

(3) In section 109(5) (re-registration of public company as private and unlimited)—

(a)for paragraph (a) substitute—

(a)a trustee or interim trustee in the sequestration under the Bankruptcy (Scotland) Act 2016 of the estate of a member of the company;; and

(b)in paragraph (b), for “1985” substitute “2016”.

(4) In section 148(4)(a)(ii) (termination or suspension of nomination), for “1985 (c.66)” substitute “2016”.

(5) In section 310(3)(b) (persons entitled to receive notice of meetings), for “1985 (c.66)” substitute “2016”.

(6) In section 982(8) (further provision about consideration held on trust under section 981(9) of the Companies Act 2006)—

(a)for “58 of the Bankruptcy (Scotland) Act 1985 (c.66)” substitute “150 of the Bankruptcy (Scotland) Act 2016”; and

(b)for “57(1)(a)” substitute “148(3)”.

(7) In Part 6 of Schedule 5 (communications by a company: supplementary provisions), in paragraph 17(5)—

(a)in paragraph (b), for “1985 (c.66)” substitute “2016”; and

(b)for “permanent or interim trustee (within the meaning of that Act)” substitute “trustee or interim trustee (under that Act)”.

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